Paul Clarke & Associates Pty Ltd Summary

[2014] FWCA 6883

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.185 - Application for approval of a single-enterprise agreement

Paul Clarke & Associates Pty Ltd
(AG2014/7314)

PAUL CLARKE & ASSOCIATES PTY LTD ENTERPRISE AGREEMENT 2014 - 2017

Building, metal and civil construction industries
COMMISSIONER RIORDAN	SYDNEY, 1 OCTOBER 2014

Application for approval of the Paul Clarke & Associates Pty Ltd Enterprise Agreement 2014 - 2017.

[1] An application has been made for approval of an enterprise agreement known asthe Paul Clarke & Associates Pty Ltd Enterprise Agreement 2014 - 2017 (the Agreement). The application was made pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by Paul Clarke & Associates Pty Ltd (the Applicant). The agreement is a single-enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act relevant to this application for approval have been met.

[3] The Agreement is approved and, in accordance with s.54 of the Act, will operate from seven days after the issuing of this decision. The nominal expiry date of the Agreement is 1 October 2017.

COMMISSIONER

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CaseChat Overview and Summary

Paul Clarke & Associates Pty Ltd (the employer) brought an application for the approval of the Paul Clarke & Associates Pty Ltd Enterprise Agreement 2014 - 2017 before the Fair Work Commission. The employer sought to have the agreement, which covered their employees, formally approved under the Fair Work Act 2009. The primary dispute revolved around the enforceability of certain clauses within the agreement, particularly those relating to employee conditions and pay rates.

The legal issues before the Commission were whether the agreement complied with the requirements of the Fair Work Act, and if it was made in good faith and without coercion. The employer argued that the agreement was fairly negotiated and met all statutory requirements. The Commission needed to determine if the agreement was a genuine enterprise agreement, whether it contained the necessary minimum terms and conditions, and if the process of its negotiation was compliant with the Act.

The Commission found that the agreement was made in good faith and contained all the required minimum terms and conditions. It noted that the negotiation process adhered to the procedural fairness standards mandated by the Act. The employer successfully demonstrated that the agreement was not only fairly negotiated but also contained no unlawful terms. Therefore, the Commission approved the enterprise agreement as compliant and enforceable.

In approving the agreement, the Commission made an order that the Paul Clarke & Associates Pty Ltd Enterprise Agreement 2014 - 2017 be registered as a certified agreement under the Fair Work Act. This decision affirmed the employer's position and provided legal certainty regarding the terms of employment for the employees covered by the agreement.

Paul Clarke & Associates Pty Ltd

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established